Civil Court System, Access to Justice, Tribunals & ADR

Question 1

Which track do claims £0 - £10,000 go?

Answer 1

Small claims track

Question 2

Which track do claims £10,000 - £50,000 go?

Answer 2

Fast track

Question 3

Which track do claims £100,000 or over go?

Answer 3

Multi-track

Question 4

Which track do personal injury claims £0 to £1,000 go?

Answer 4

Small claims track

Question 5

Which track do personal injury claims £1,000 to £50,000 go?

Answer 5

Fast track

Question 6

Which track do personal injury claims £50,000 or over go?

Answer 6

Multi-track

Question 7

King’s Bench Division

Answer 7

A section of the High Court dealing with miscellaneous cases

Question 8

Chancery Division

Answer 8

A section of the High Court dealing with financial cases

Question 9

Family Division

Answer 9

A section of the High Court dealing with family cases

Question 10

In which court is a small claims track heard?

Answer 10

Small claims track

Question 11

In which court is a fast claims track heard?

Answer 11

County Court

Question 12

In which court is a multi-track claims track heard?

Answer 12

County Court or; High Court

Question 13

Name three types of sources of legal aid

Answer 13

• Citizen’s Advice Bureaux
• Trade Unions
• Help lines

Question 14

Conditional Fee Arrangements

Answer 14

An agreement between a solicitor and a client by which a payment is only made if the case is unsuccessful; ‘success fees’ however can be up to 100% of the normal fee whilst personal injury success fess are capped at 25%. These fees are awarded to the solicitor of the case.

Question 15

What does LASPO 2012 stand for?

Answer 15

Legal Aid, Sentencing and Punishment of Offenders Act 2012

Question 16

What does LASPO 2012 specify?

Answer 16

• The Lord Chancellor has the power to set legal aid criteria
• Legal aid is not available for civil cases
• Only in specified cases; debt, housing, asylum, immigration, family matters, and clinical negligence
• Public funding is not available for breach of contract or tort claims towards property damage or personal injury

Question 17

Separation of Powers

Answer 17

To avoid tyranny, the judiciary need be separate from the executive and the legislature

Question 18

Independence from the case

Answer 18

Judges must not have any interest or involvement in a case

Question 19

Security of tenure

Answer 19

Superior judges cannot be dismissed by the government

Question 20

Immunity from suit

Answer 20

Immunity from prosecution for acts carried out in performance of judicial function

Question 21

Rule of law

Answer 21

A fundamental doctrine by which every individual must obey and submit to the law

Question 22

Tribunals

Answer 22

Operating alongside the Civil Court system, a method whereby one can enforce their entitlement to certain social rights granted under modern, statute law. They offer an expert forum in which disputes can be adjudicated.

Question 23

Name the two tiers within tribunals

Answer 23

• First-tier
• Upper-tier

Question 24

Negotiation

Answer 24

Anyone who has a dispute with another, can try to resolve the issue by negotiating directly or using lawyers to represent themselves

Question 25

Arbitration

Answer 25

A process using an independent third-party who listens to both sides to assesses both sides before coming to a decision; this is legally binding and therefore, enforceable.

Question 26

Mediation

Answer 26

A process using an independent third-party who acts as a facilitator who helps parties to agree, find compromises, and makes decisions; however, these are not legally binding.

Question 27

Conciliation

Answer 27

A process using an independent third-party who acts as an interventionist who provides probable solution to the parties concerned.